Defendants are doctors of veterinary medicine who were retained by plaintiff to perform prepurchase examinations on two performance horses, Syrus and Poncho. The report was that both horses were suitable for their intended uses as competition hunter jumpers, and based upon the report plaintiff purchased Syrus and Poncho. Afterward, the horses manifested physical problems which interfered […]
The U.S. Supreme Court Curtails State’s Method For Seeking Reimbursement Allocation From Third-Party Tortfeasors For Medical Expenses Paid On Behalf Of A State’s Medicaid Beneficiaries…(Could Administrative Boards Deciding Amount Of Liens Be On The Horizon?)
Baby was born with multiple birth injuries which require 12-18 hours of daily nursing care. The baby and her parents filed a medical malpractice action against the delivery doctor and the hospital where she was born. Although the plaintiffs presented evidence of damages in excess of $42 million, they settled for $2.8 million, largely due […]
When You Point A Finger At A Doctor, Back It Up, Or Get A New Trial.
Plaintiff was injured when an elevator fell six floors. One of the defendants asked a question at trial about whether or not a treating physician met the standard of care. The trial judge sustained the plaintiff attorney’s objection. During deliberations, the jury asked whether it could assign a percentage of responsibility to a person not listed […]
No Arbitration For Skilled Nursing Facility In Elder Abuse Case.
A patient sued a skilled nursing facility for elder abuse based on alleged negligent care. Her daughter sued the same defendants in the same complaint for negligent infliction of emotional distress based on what she allegedly observed her mother go through. The mother had signed an arbitration agreement, and defendants moved to compel arbitration. The trial […]
Ignoring An Offer to Compromise Under § 998 May Be Costly.
After two trials and a remitter, a medical malpractice case appeared to be over when judgment was entered for $1,437,276. But the parties soon became embroiled in an issue over costs. Two months after the complaint was served, plaintiff had served on defendant a document entitled “Acceptance of Plaintiffs’ Offer to Compromise Pursuant to [Section] 998 […]
Medical Malpractice, Or Ordinary Negligence? IIED Demurrer Reversed.
Plaintiff underwent a dilation and curettage procedure following a miscarriage. She alleges that she was administered inadequate anesthesia and awoke during the procedure. When she later confronted the anesthesiologist, the anesthesiologist became angry, shoved a container filled with plaintiff’s blood and tissue at her, and then urged plaintiff not to report the incident. Plaintiff sued the […]
Government Tort Claim Delivery Requirement Strictly Construed.
After being damaged by medical negligence at a county hospital, plaintiff’s lawyer gave written notice under Code of Civil Procedure section 364, that a suit for personal injuries would be filed. Counsel personally delivered copies of the letter to the hospital’s administration and requested that it be forwarded to the hospital’s insurance carrier. It is […]
Disgruntled Clients Settle And Then Sue Their Lawyer.
Clients settled eminent domain action with County for almost $2.6 million, and later brought suit against their own lawyer for attorney malpractice and breach of fiduciary duty, claiming the lawyer failed to work up their case and properly prepare the experts. Their lawyer cross-complained for his legal fees in quantum meruit. The trial court awarded […]
Patient May Pursue Doctor For More Than Malpractice.
Trial judge granted doctor summary judgment for alleged medical malpractice, but, denied summary judgment for a negligent maintenance claim after a laser machine emitted “a loud booming sound” that resulted in hearing loss. The California Supreme Court’s decision in Flowers v. Torrance Memorial Hospital (1994) 8 Cal.4th 992, [884 P.2d 142; 35 Cal.Rptr.2d 685] does […]
36 Years Later.
A jury awarded the plaintiff $6,000,000 non-economic damages in a medical malpractice case and the trial court reduced the award to $250,000.00, pursuant to Civil Code §3333.2, passed as part of the Medical Injury Compensation Reform Act, (MICRA), in 1975. Plaintiff appealed, claiming the reduction violated her rights to equal protection and to a jury […]